Our Case Results
#1 Goal Is A Dismissal
Public Intoxication Defense Lawyer in Austin, Texas
Defending Your Rights Against Public Intoxication Charges in Austin and Surrounding Areas
Home – Criminal Defense – Public Intoxication
What is Public Intoxication?
Public intoxication is one of the most common misdemeanor charges in Texas, but its consequences can be far more serious than many people realize. Whether it happened after a night on Sixth Street, at a University of Texas game, or in one of the many bars and music venues around Austin, a public intoxication arrest can lead to a permanent criminal record, fines, and even future employment or housing challenges. At The Hull Firm, our Austin criminal defense attorneys provide aggressive, strategic defense to protect your future.
Why Choose The Hull Firm for Your Public Intoxication Defense
- Former prosecutor experience for insider perspective
- Personalized defense strategies for each case
- Commitment to protecting your record and future
We understand that a public intoxication arrest can be embarrassing and stressful. Our role is to guide you through the process and fight for the best possible outcome.
- ✅ Over 700 Criminal Cases Dismissed
- ⚖️ Experienced Former Prosecutors on Your Side
- ⏱️ 24/7 Jail Release & Emergency Legal Help
- 📍 Deep Knowledge of Local County Courts
- 💬 Free Confidential Consultations
- 💳 Flexible Payment Plans Available to Fit Your Budget
- 🕰️ Over 15 Years of Criminal Defense Experience
- 🧾 Proven Record of Charge Reductions & Case Dismissals
Complete The Form Below To Schedule A Free Case Evaluation
Our Case Results
#1 Goal Is A Dismissal
Understanding Public Intoxication Under Texas Law
Texas Penal Code §49.02: The Legal Definition
Under Texas Penal Code §49.02, a person commits the offense of public intoxication if they appear in a public place while intoxicated to the degree that they may endanger themselves or another person. This means the state must prove two key elements:
- You were in a public place
- You were intoxicated to the point of being a danger to yourself or others
Public places can include streets, sidewalks, bars, restaurants, parks, and even vehicles parked in public areas. Importantly, you do not need to be driving — walking while intoxicated in public can still result in an arrest.
Potential Penalties for Public Intoxication in Texas
Consequences Go Beyond Fines
Public intoxication is typically a Class C misdemeanor in Texas, punishable by:
- A fine of up to $500
- A permanent criminal record if convicted
- Potential community service or alcohol education programs
For individuals under 21 years old, additional consequences can include driver’s license suspension and mandatory alcohol awareness courses. Multiple convictions can also lead to enhanced penalties.
Defending Against Public Intoxication Charges
Strategies We Use at The Hull Firm
Our legal team has successfully defended clients by:
Our Austin public intoxication defense lawyers use several strategies to challenge these charges, including:
- Challenging the definition of a public place
- Arguing there was no actual danger to yourself or others
- Questioning the officer’s observations and conclusions
- Highlighting violations of your constitutional rights
- Seeking case dismissal or reduction to a non-criminal citation
In many cases, public intoxication charges can be resolved without a conviction — protecting your record and your future.
Common Scenarios Leading to Public Intoxication Charges in Austin
How These Cases Typically Arise
Austin’s vibrant nightlife and major events like SXSW, ACL Festival, and Longhorn football games draw large crowds — and law enforcement presence. Common situations where public intoxication charges occur include:
- Being removed from a bar or club for intoxication
- Arguments or disturbances in public areas
- Sitting or lying down in public while visibly intoxicated
- Wandering into traffic or unsafe locations
- Being found intoxicated in a vehicle parked in a public place
Even if you were not causing harm, an officer’s judgment that you were “a danger” can be enough for an arrest.
Public Intoxication vs. DWI in Texas
Key Differences and Why It Matters
While both offenses involve intoxication, the legal standards are different:
- Public Intoxication – Simply being in a public place while intoxicated and deemed dangerous
- DWI – Operating a motor vehicle in public while intoxicated
Public intoxication charges often arise during DWI stops when the driver is sober but a passenger is intoxicated. This is why it’s important to have a defense lawyer who understands both areas of law — our firm also handles all types of DWI defense cases.
Expungement and Record Sealing for Public Intoxication
Clearing Your Record
A public intoxication conviction can be expunged in certain situations, meaning it is removed from your record entirely. We regularly help clients pursue expungement in Texas for eligible cases, including:
- Charges that were dismissed
- Cases resulting in acquittal
- Certain deferred dispositions
Serving Austin and Surrounding Communities
Related Offenses
Because resisting arrest charges often accompany other allegations, we frequently defend clients also facing assault on a public servant, public intoxication, DWI, and disorderly conduct. Addressing all charges together allows us to pursue the most favorable overall resolution.
Frequently Asked Questions About Public Intoxication in Texas
What is considered a “public place” under Texas law?
Can I be arrested for public intoxication if I’m not causing trouble?
Do I need a lawyer for a Class C misdemeanor?
Will this go on my permanent record?
Is public intoxication a felony in Texas?
Can a passenger in a car be charged with public intoxication?
Can public intoxication affect my job?
Can I refuse a breath test for public intoxication?
What happens if I’m under 21 and charged?
Can I get my disorderly conduct charge expunged?
Yes, certain cases—especially those dismissed or resulting in a not-guilty verdict—may qualify for Expungement.
Can disorderly conduct affect my probation?
Yes, being charged while on probation can lead to a Probation Violation, potentially resulting in harsher penalties.
How long does a public intoxication charge stay on my record?
Austin Criminal Defense Lawyer
We are a highly-rated Defense Attorney on Google!
Get the Defense You Deserve – Call 512-599-9999 Today
The Hull Firm
We’re Here 24/7 to Help
Phone: 512-601-5650
Email: info@thehullfirm.com
205 Cantera Way
Building 3 Unit 302
Georgetown, TX 78628